In other words, he could have used a sledgehammer to test the Prop 8 brick, but he threw some jello at it and it collapsed. Which it deserved to do, because Prop 8 has no rational basis except for "we hate teh gayz," and that is not a "legitimate government interest."
Justices Scalia and Thomas, however, would definitely love to strike down Judge Walker's ruling with lighting and thunder. Not because they hate gays, but because they don't believe in using the Constitution's Due Process clause to invalidate laws unless it involves gun restrictions. They wouldn't use the jello test like Judge Walker does.
But there are nine justices on the Supreme Court. Five are needed for a majority. Do we have five?
Now, scientific studies show that there are 101 ways to eat jello. (That hilarious video after the jump.)
Our job is to figure out how each of the Supremes like their jello, and what that will mean for Judge Walker's opinion.
Continue reading "Which Supreme Court Justices Will Uphold Judge Walker's Ruling?" »